EPL Hotline
Call the free EPL hotlineReceive free general guidance from an attorney who specializes in employment law-an attorney from the national employment law firm of Jackson Lewis. To use the hotline, call:
1-866-EPL-TRAV
To reduce the risk of employment lawsuits, Travelers Public Sector Services has developed a valuable and cost-free risk management program. Travelers Public Sector Services is providing a call-in “hotline” to permit companies it insures to ask questions about workplace concerns. To contact the hotline, call 1-866-375-8728. We have developed this program in conjunction with Jackson Lewis LLP, a national law firm with 46 offices and 650 attorneys across the United States. For over 50 years, Jackson Lewis has assisted employers in developing preventive programs and by defending workplace law claims when they arise. Jackson Lewis represents employers in all aspects of workplace law, including employment litigation, disability and leave management, reductions in force, affirmative action, benefits, immigration, wage-hour, trade secrets and restrictive covenants, drug testing and labor relations. The firm maintains a website providing comprehensive information about these and other workplace law topics. To access that website, go to www.jacksonlewis.com.
FREQUENTLY ASKED QUESTIONS
1. When I use the hotline, how should I identify myself?
To verify that callers are insured by Travelers, a caller must provide his or her name, the name of the organization insured by Travelers, the policy number, as well as the caller’s e-mail address, mailing address and telephone number. After obtaining this information, a representative of Jackson Lewis will ask you to succinctly state your question and to provide a brief description of the facts which relate to your question.
2. After I call the hotline, when can I expect to receive a response?
Callers often will receive a response the same day, but almost always within 24 hours of placing a call. While there may be slight delays due to a particular attorney’s trial or travel schedule or other commitments, Jackson Lewis’ long-standing policy is to return calls on the day they are received or within 24 hours of receipt of that call. This policy will also apply to hotline calls.
3. If there is any problem or delay in receiving a hotline call, what should I do?
A senior Jackson Lewis partner, Paul J. Siegel, oversees management of the hotline. You can contact Mr. Siegel if you have any questions about the hotline or concerns about how a question you presented has been addressed. You can reach Mr. Siegel at 631-247-4605 or at siegelp@jacksonlewis.com. Mr. Siegel has been an employment attorney for over 30 years and has been a partner at Jackson Lewis for more than 25 years. He is an experienced employment attorney and has managed hotlines and other risk management programs for many years.
4. What types of questions are appropriately presented through the hotline and what types are not?
The hotline is provides for general overviews and is not intended to provide a determinative answer as to whether any specific adverse personnel action should be taken. Before a decision is made as to whether to discharge an employee, deny reinstatement after a leave of absence, take any action after receiving a complaint of harassment or taking any other adverse personnel action, your company should consult with experienced employment counsel. To provide advice as to what to do in a particular instance, retained counsel would require detailed information about your company including what the company has done when similarly situated workers engaged in comparable acts of alleged misconduct; a review of that individual’s personnel file (and perhaps the file of the “victim”); interviews of potential witnesses; interviews of supervisors and others with knowledge of the facts underlying the contemplated adverse personnel action; review of applicable personnel policies and procedures; analysis of demographic information; an understanding of your Company’s long term and short term operational and employment strategies; and, numerous other facts. The hotline is not designed for such an in-depth analysis.
In contrast, the hotline does provide an excellent opportunity to obtain general information about a broad range of more generic topics. For example, while the hotline cannot be used to determine whether it would be discriminatory for a particular individual to be denied a promotion, you can ask about the factors to consider when evaluating possible claims relating to denial of promotion. Similarly, while the hotline cannot be used to determine whether a particular individual must be reinstated after a medical or family and medical leave, it can be used to provide information about when the law requires that a Family and Medical Leave Act (“FMLA”) covered leave be granted and factors to consider when evaluating reinstatement. Simply stated, the hotline is for a general legal overview, not “can I fire this guy?” or similar adverse actions.
5. Can the hotline be used to inquire about sexual harassment and other forms of harassment?
Yes. Hotline questions can address such issues as what the Equal Employment Opportunity Commission and courts generally consider to be harassment. Also, you can inquire about appropriate steps to take when investigating reports of harassment, including suggestions for witness interviews; documentation of a complaint and witness interviews; development of a sexual harassment policy; and other preventive actions. The hotline is not the appropriate vehicle for determining what to do after the investigation is conducted. Consideration of adverse personnel actions should be addressed directly with retained legal counsel.
6. Can the hotline be used to discuss what the company believes are acts of insubordination and refusal to comply with a supervisor’s instructions?
Yes. An overview of your company’s rights can be obtained with respect to the types of actions it should consider when an individual fails or refuses to perform his or her job duties or to maintain acceptable attendance. However, as noted above, the hotline is not appropriate for use in determining whether an individual can be discharged because he or she did not perform a specific task. That analysis requires far more information and involvement by counsel than the hotline is intended to provide.
7. How long can I speak to the attorney during a hotline call?
Most hotline calls last about 10 to 15 minutes. If a call requires more time, additional time will be allotted. While you can call as often as you wish, the hotline is not a substitute for a relationship with counsel and cannot be used to address intended adverse personnel actions. Only your counsel will have access to personnel policies, personnel files, past practice information and similar information needed to make recommendations about what should be done in any particular situation. The hotline is an excellent place to initiate a risk management decision or program. It is not intended to replace the relationship your company should develop with experienced employment counsel.
8. Can wage hour issues be discussed during a hotline call?
The hotline provides a limited opportunity to inquire about when wages must be paid under state law, what sort of records should be maintained, and the like. The hotline is not intended, however, to provide a determination as to whether your company is complying with wage hour laws or the manner in which any particular individual should be paid. Those issues are best answered by your company’s employment counsel.
9. Can we ask questions about leaves of absence and when they should be given?
Yes. Determinations of whether the FMLA or state leave laws apply to your company and how they generally should be administered are appropriate subjects to discuss during a hotline call. Similarly, whether employees on leave can be required to use accumulated paid time off (e.g., sick days, vacation days, personal days, etc.) also can be addressed during a hotline call. However, as noted above, whether a particular individual is entitled to leave or reinstatement after a leave is a matter that requires evaluation of an employer’s past practices and its own personnel policies.
10. Can we use the hotline to discuss development of policies to preserve the at-will nature of employment?
Yes. Almost all states presume that employment is terminable on an at-will basis unless the employer has adopted personnel policies that limit the right to discharge on an at-will basis. However, whether your company has, intentionally or unintentionally, entered into an employment agreement or other limitation upon the right to discharge on an at-will basis is beyond the scope of the hotline. Limitations on the at-will status of employment may arise from personnel policies, handbook provisions, offer letters or other corporate actions. The firm can provide sample receipt or acknowledgement forms for an employee handbook, which may be used to confirm the at-will status of employment. If you would like a sample document to discuss with your counsel, please send an e-mail to Paul Siegel, the Hotline Coordinator, at siegelp@jacksonlewis.com.
11. Can I use the hotline to inquire about how benefits programs should be administered or how immigration processes operate?
No. The hotline is for employment related issues, not benefits, fiduciary or immigration law questions. Those questions are beyond the scope of the hotline.
12. Can I use the hotline to inquire about whether our Company is a government contractor or subcontractor that must maintain an affirmative action plan (or how such a plan must be developed)?
Yes. Jackson Lewis maintains an affirmative action/government contracts practice group, which will be available through the hotline, to address inquiries about the circumstances under which an employer is considered a federal contractor or subcontractor that must develop an affirmative action plan. However, what your company must do in a particular instance is beyond the scope of the hotline. For example, if your company is a government contractor or subcontractor with respect to a contract in excess of $50,000, it is likely to be required to develop an affirmative action plan, if it employs at least 50 employees. However, if your company lacks such a federal contract, but is part of a larger entity, and a subsidiary or division of a parent company has a federal contract, government contractor or subcontractor status still may exist. Determination of that status (and the obligation to prepare an annual affirmative action plan) is subject to complex tests enunciated by the United States Department of Labor, Office of Federal Contract Compliance Programs. Such a determination, like the determination as to whether an individual should or should not be discharged, is beyond the scope of the hotline.
13. Can I use the hotline to inquire about employment law issues relating to workers who are engaged by our company outside the United States?
No. Jackson Lewis limits its practice to employment law solely within the United States. However, if your company has an international presence, the firm may be able to provide an introduction to counsel practicing in a foreign jurisdiction.
14. Can the hotline be used to report a claim or a lawsuit?
No. The hotline is for receiving a general overview about human resources and employment issues. It may not be used to report the filing of administrative charges, arbitration demand letters, service of lawsuits or other notices of claim. Providing information to Jackson Lewis does not obligate the firm to provide notice in your organization’s behalf to Travelers and is not considered notice of a claim to Travelers. To report a claim, it is your responsibility to notify your insurance agent or broker and Travelers Public Sector Services in accordance with the terms of the insurance policy. If you have any questions about how to report a claim, you should contact your insurance agent or broker.
15. Will the questions that I ask and the answers that I receive be disclosed to Travelers Insurance?
No. Each month, the insurance company will receive from Jackson Lewis a statement which will indicate, for each call, the name of the caller and his or her company, the policy number and the time spent on that call. Travelers will not be advised of the discussion during that telephone call (e.g., inquiry about harassment, at-will status, wage-hour issues, etc.).
16. Will my use of the hotline result in a higher premium if I use it more than another company uses the hotline?
No. The hotline is intended to provide risk management services and to assist your organization to avoid workplace disputes. We encourage you to use the hotline. No company will be penalized for its use of the hotline when renewal discussions take place. However, as we have explained above, the hotline is not a substitute for a relationship with experienced employment counsel. While you can call to obtain general information and an overview of issues to consider, you should not use the hotline as a substitute for a relationship with counsel.
